Patna High Court

Radha Flour Mills Pvt. Ltd. and AnrversusThe State Of Bihar Through Sri Pratyaya Amrit, I. A. S., Principal Secretary, Department Of Eneregy

Decided: 23 April 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The petition for contempt was dismissed and the matter was disposed of as the petitioners failed to respond to the show‑cause notice.

Summary

The petitioners, Radha Flour Mills Pvt. Ltd. and Shambhu Nath Sikaria, sought to initiate contempt proceedings against the State of Bihar and the North Bihar Power Distribution Company Limited (NBPDCL) for allegedly willfully disobeying an order dated 27‑11‑2017 in CWJC No. 12134 of 2015. The petition relied on a show‑cause notice served on 29‑Oct‑2018, alleging that the respondents had not complied with the earlier order despite a recalculation under the Industrial Incentive Policy, 2011. No counsel appeared for the petitioners, and the petitioners did not file any rebuttal to the show‑cause notice. Senior counsel for NBPDCL and the State argued that the recalculation satisfied the petitioners and that the earlier calculation had already been rectified. In the absence of any response from the petitioners, the court accepted the respondents’ submissions and disposed of the petition without ordering contempt proceedings.

Issues considered

Whether the respondents willfully disobeyed the order dated 27‑11‑2017 in CWJC No. 12134 of 2015, warranting contempt proceedings.
Whether the show‑cause notice served on the petitioners was sufficient to proceed with a contempt petition in the absence of a rebuttal.

Subjects

contempt of court
civil writ jurisdiction
show cause notice
industrial incentive policy
petition disposed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2198 of 2018
                                                     In
                               Civil Writ Jurisdiction Case No.12134 of 2015
                 ======================================================
           1.     Radha Flour Mills Pvt. Ltd. and Anr S/o late Radha Krishan Sikaria R/o
                  Radha Nagar, Motihari, East Champaran.
           2.    Shambhu Nath Sikaria S/o late Radha Krishan Sikaria R/o Radha Nagar,
                 P.O. Motihari, District- East Champaran.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar Through Sri Pratyaya Amrit, I. A. S., Principal Secretary,
                 Department of Energy Son of not known to this petitioner Principal
                 Secretary, Department of Energy, Government of Bihar, Patna.
           2.    Sri Sandeep Kumar R. Pudukalkatti, IAS, Son of not known to this
                 petitioner The Chairman, North Bihar Power Distribution Company Limited
                 hereafter NBPDCL, Patna.
           3.    Mr. Prabhat Son of not known to this petitioner The Superintending Electric
                 Engineer H.T., North Bihar Power Distribution Company Limited, Patna.
           4.    Mr. Sanjay Kumar Sinha Son of not known to this petitioner The General
                 Manager, District Industry Center, East Champaran, Motihari.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      None
                 For the State          :      Mr. Yogendra Prasad Sinha, AAG-7
                 For the NBPDCL         :      Mr. Anand Kumar Ojha, Sr. Advocate
                                        :      Mr. Abhishek Raj, Advocate
                                        :      Mr. Ashok Kumar Karna, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   23-04-2026                     No one appears on behalf of the petitioner though

                   Mr. Anand Kumar Ojha, learned Senior Counsel, representing

                   the North Bihar Power Distribution Company Limited

                   (henceforth for short ‘NBPDCL’) as also learned State counsel

                   is present.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):
            Patna High Court MJC No.2198 of 2018(3) dt.23-04-2026
                                                        2/2




                                              “to initiate a contempt proceeding against

                                         the respondents for willful disobedience of the

                                         order dated 27.11.2017 passed by the Hon’ble

                                         Court in CWJC No. 12134 of 2015.”

                                   3. Learned       Senior          Counsel   representing   the

                      ‘NBPDCL’ has taken this Court to the show cause filed with

                      reference to paragraph no.7 to show that as per the Industrial

                      Incentive Policy, 2011, the re-consigned calculation has been

                      made to satisfy the petitioner and the earlier calculation made

                      has already been rectified.

                                   4. The show cause was served upon learned counsel

                      for the petitioner on 29.10.2018 and there is no rebuttal.

                                   5. In that background, accepting the words of Mr.

                      Anand Kumar Ojha, learned Senior Counsel, the petition stands

                      disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U

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